New York weekly journal; Zenger, John Peter, 1697-1746
Even Hamilton could not see how titanic an issue was joined. He was
primarily interested in the problem at hand—to get his client
acquitted—but the fact is that in speaking for his own time he was
speaking for all time. He would have been a prophet as well as a
philosopher if he had seen fully the parting of the ways at which he
stood, with the old censorship extending backward into the past, and the
new freedom pointing toward the future. It was merit enough that he saw
farther than any other man of his period, and that he stated the
argument for the emerging principle better than anyone else.
The full import of his victory in court is not yet exhausted, and very
likely never will be. As time passes we understand more exactly just how
great a blow it would have been if Governor Cosby had been able to kill
the magnificent pioneering experiment in independent journalism that the
_Journal_ was. We appreciate better than our ancestors the overwhelming
significance of the trial of Peter Zenger, that for the first time an
American practitioner of unfettered news coverage had won a complete and
avowed vindication through the orderly official process of a trial by
jury.
Ever since, newsmen have looked back on the Zenger case as the origin of
their most primordial right. If that right was not promptly conquered
everywhere in the Colonies, Peter Zenger had lit the train for a whole
series of delayed reactions. The trial touched off discussions about the
meaning of libel, showed that existing definitions were defective rather
than axiomatic, compelled the authorities to take more account of public
opinion before launching lawsuits against their opponents of politics
and journalism, and thereby saved other editors and printers from
following the old path that led nowhere except to prison.
James Alexander’s _Brief Narrative of the Case and Tryal of John Peter
Zenger_ was widely reprinted after Zenger himself had turned out the
first edition, and the text became a classical precedent to which anyone
faced with censorship could point. Americans still point to it when
freedom of the press is under discussion.
Present-day newsmen have a more professional reason for being grateful
to this Colonial printer. Throughout his imprisonment and trial he
maintained a steadfast silence about the identity of the men who wrote
the contents of the newspaper that he ran through his press; and he
thereby gave an enormous impetus to the thesis that a journalist has a
right to keep secret the sources of his information. Other printers
before Zenger had refused to divulge the names of their contributors,
and some achieved the crown of the semimartyr in consequence, but none
had ever been given the unanswerable backing of the courts.
Always the formal conditions of Zenger’s acquittal must be borne in
mind, for his triumph was not just a personal thing, or the wresting of
a momentary privilege from an indolent or interested official. It was a
legal precedent.
Public-domain text, read in full here on John Shaqi.
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